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Police v Finau [2018] WSSC 41 (19 February 2018)

SUPREME COURT OF SAMOA
Police v Finau [2018] WSSC 41

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

JERRY PIECE FINAU male of Vaitele-fou and Apia.
Accused

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 19 February 2018

S E N T E N C E

1. Jerry you appear today for sentence on one charge of possession of narcotic substances namely 1 small plastic bag containing loose leaf of marijuana weighing 2.2 grams which is estimated to yield three (3) marijuana cigarettes contrary to section 7 and 18 of the Narcotics Act 1967. That is information S2021/17. The maximum penalty for this charge is 14 years imprisonment.

The Offending:

2. According to the Summary of Facts which you’ve accepted, on the 28 November last year, a taxi driver took you to Faleata Police outpost because you had threatened the taxi driver that you will not pay for your taxi fare.
3. When you arrived at the police outpost you were told by the police to pay the taxi fare. When you pulled out your money from your pocket to pay the taxi driver, the police and the taxi driver saw a small plastic bag fall off of your pocket. That plastic bag contained the marijuana loose leaves which you now appear for sentence. You were then apprehended by police. The police conducted a body search and found a small plastic bag contained the loose marijuana leaves weighing 2.2 grams.
4. The 2.2 grams are estimated to your three marijuana cigarettes.

The Accused:

5. You are a 27 year old male of Apia and Vaitele-fou. According to you pre-sentence report you are single and you are the son of a policeman. He passed away in 2009. You are single and employed by Apia Fish packers limited but have subsequently being suspended from that position according to the pre-sentence report.
6. In the pre-sentence report it is stated that you started consuming drugs in 2017. You are described by your mother as a loving son, caring and hardworking. You are a first offender. You attended and successfully completed the Alcohol and Drugs Court program that is the Toeafua-se-taeao-fou program.
7. The Probation Service recommends a community base sentence.
8. The mitigation features personal to you of your matter are as follows:
   • Your early guilty plea;
   • Your remorse which you have shown before the Court today and as noted in the Probation Services report;
   • Thirdly and most important one is your completion of the Toeafua-se-taeao-fou program
9. Jerry according to your pre-sentence report you started consuming marijuana in 2017. You have successful completed the 7 week program that you were referred to and you are to be congratulated for completing that program. It will have taught you the dangers of drugs and how to address your recently acquired habit. I also expect that the experience you have had through being charged, being held in Tafaigata prison for two weeks and being brought before the Court has been an experience in itself and that it has taught you the seriousness of the offence that you have committed. It carries a maximum penalty of 14 years imprisonment.
10. Having heard from Prosecution and Probation as well as from you, I agreed that a non-custodial sentence is appropriate. I hope that having spent a period a Tafaigata prison you will have learned that it is a place with no future for you.
11. Accordingly, with particular regard to your successful completion of the ADC referred Toeafua-se-taeao-fou program and the two weeks that you have already spent in custody, on the charge before the Court you are convicted and ordered to come up for sentence in 12 months if ordered by the Court.

JUSTICE CLARKE